Access and Use
R.E.M. grants you a personal, non-exclusive, non-transferable, limited license to Use the System and to view or access the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any other Content available via the System. You further agree not to modify the System, or any part thereof, in any form or manner, nor to Use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of R.E.M. You may not attempt to gain any unauthorized access to the System or any of its associated Content, including computer systems, software, or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through the System or the Services is permitted, unless expressly specified in a prior agreement between you and R.E.M.
No Unlawful or Prohibited Use
Any Use or attempted Use of the System (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the System; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by R.E.M. to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the System, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any R.E.M. representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use of any of the System’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses; or
- Use any robot, spider, scraper, or other automated or manual means to access the System, or copy any Content or information on the System.
R.E.M. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit or remove any information or materials, in whole or in part, in R.E.M.’s sole discretion.
Any information, communications, or material of any type or nature that you submit to any of our pages contained on a social media platform or website by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. R.E.M. does not own any Submissions. However, by providing such Submissions you are granting R.E.M. a nonexclusive, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any content or materials contained therein). All Submissions that you provide via any social media platform is at your own risk, and you hereby represent and warrant that you have the full legal right to so provide such Submissions and that they, and any content or material contained therein, is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
R.E.M. respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the System and to collect and provide the features, materials and services that are available on or through the System. You understand and agree that R.E.M. owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the features, materials and services made available on or through the System, and all information, text, data, computer code, music (whether auditory or written), artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the System and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of R.E.M. or its licensors and content-providers.
The posting of information or other materials or Content on the System by R.E.M. does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the System or to any other third party, except as expressly provided herein.
Disclaimer of Warranties
R.E.M. does not promise, covenant, represent, warrant, or guarantee that you or any other user of the System will obtain any particular or tangible result through the use of the System, or obtain any other product or service in connection with use of the System. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the System or R.E.M., or that you access, use, download, or otherwise obtain on or through the System or R.E.M., are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
The SYSTEM, SERVICES, CONTENT, software AND other materials available from or provided on the System or via the Services, is provided “AS IS” and “AS AVAILABLE”, without warranties or guarantEes of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
R.E.M. AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SYSTEM ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SYSTEM AND THROUGH R.E.M. ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. R.E.M. PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, R.E.M. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. R.E.M. SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SYSTEM.
Limitation of Liability
DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS ON THE SYSTEM DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. R.E.M. MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. R.E.M. SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE.
R.E.M. reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, or any portion of the System, for any reason; (ii) modify or change the System, or any portion of the System, and any applicable policies or terms; and (iii) interrupt the operation of the System, or any portion of the System, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
The System could include technical inaccuracies or typographical errors. R.E.M. shall have no liability in connection with any such inaccuracies or errors, nor shall R.E.M. have any obligation to identify and/or correct any such inaccuracies or errors.
All responsibility or liability for any damages caused by viruses contained within the electronic files or on the System is disclaimed.
Links to Other Websites
For your convenience, certain hyperlinks may be provided on the System that link to other websites which are not under the control of R.E.M. R.E.M. does not endorse or sponsor such websites and is not responsible for the availability, accuracy, content, or any other aspect of such websites. R.E.M. disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites, and any purchases of products or services through other websites, is subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against R.E.M. arising from or based upon any such use of other websites. Hyperlinks to other websites that are provided on the System do not imply that: (a) R.E.M. is affiliated or associated with any linked sites; (b) R.E.M. is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of R.E.M.
Links to the Website
Neither you nor any other website may link to the Website without the permission of R.E.M. In any event, without our express, prior, written permission, it is expressly prohibited to: (a) “deep link” to any page of the Website other than the home page of the Website; (b) “frame” the Website or any Content or otherwise cause the Website or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Website, or the Website or any Content, to be displayed in any way that is disparaging to R.E.M. or any entity that is affiliated or associated with R.E.M.; or (d) otherwise imply or state that any type of relationship or special arrangements exist with R.E.M. and any other entity. You agree that you will promptly remove any hyperlink to the Website upon the written request of R.E.M. In no event will you use any logo or trademark of R.E.M. as a hyperlink “button,” or in any other manner, without R.E.M.’s express written consent.
Disclaimer of Third Party Information
The System may contain offers for sale of merchandise or services not provided by R.E.M. Such merchandise and services may be obtained only by linking to the applicable merchant’s website in order to make the transaction. Terms of the offer shown on the System, including, but not limited to, price, color, quantity, availability, and description may vary from those shown on the merchant’s website. Differences in the terms of an offer between the System and a merchant’s website will be governed by the terms shown on the merchant’s site. R.E.M. is not responsible or liable for any such differences or discrepancies or the performance of any products or services obtained via such third party website.